Services & Industries

Education

Stanford Law SchoolJ.D., with distinction, Law Review (note editor) (1996)University of MichiganB.A., with highest distinction and high honors, Phi Beta Kappa (1993)

Bar Admissions

MinnesotaNew York

Court Admissions

U.S. Court of Appeals for the Eighth CircuitU.S. Court of Appeals for the Second CircuitU.S. District Court for the Central District of IllinoisU.S. District Court for the District of MinnesotaU.S. District Court for the Eastern District of New YorkU.S. District Court for the Southern District of New York

Michael M. Krauss

Partner

Michael Krauss is a former Assistant United States Attorney (Civil Division, S.D.N.Y.) who now leads Faegre Baker Daniels' finance litigation group. The firm's team of trial lawyers litigates complex financial disputes nationwide. The team works alongside finance, restructuring and bankruptcy colleagues to represent the leading participants in the financial services industry.

Bank Litigation

Michael enforces commercial loan and lease remedies and defends against claims of lender liability. His experience spans credit facilities of all kinds, including syndications and participations, and ranges from commercial real estate financing to equipment leasing to asset-based lending.

At trial, won the dismissal of a $39 million claim under the anti-tying provisions of the Bank Holding Company Act

A $19 million settlement of a claim for default on a condominium development loan participation, despite the borrower's claims of fraudulent inducement

Multiple judgments and settlements for an equipment lease financing company, including the dismissal of lender liability counterclaims

Multiple judgments against debtors affirmed by the Minnesota Court of Appeals

Multiple actions defending lead lenders against participants' claims of breach of representations and warranties, faulty servicing and loan administration, fraud, and breach of fiduciary duty

Corporate Trust and Structured Products

Michael represents trustees and holders in disputes involving indentures and asset-backed securitizations, including MBS repurchase actions. He has extensive experience litigating the duties of indenture and securitization trustees and other parties before and after default, and pursuing claims against issuers for breach, fraudulent transfer and related misconduct.

After trial in the Delaware Court of Chancery, obtained a $155 million settlement of a fraudulent transfer and breach of indenture claim against the issuer on behalf of U.S. Bank as indenture trustee

Multimillion-dollar arbitration awards for Wells Fargo against a tribe in Oklahoma; judgment affirmed by the Oklahoma Court of Civil Appeals

A multimillion-dollar settlement for a casino developer in North Dakota, following arbitration and concurrent tribal court proceedings

A decision by the Washington Supreme Court holding that a tribe had waived its sovereign immunity and could be sued in state court for breach of a loan agreement

A multi-million dollar settlement for a lender against a tribe in Washington, following concurrent proceedings in federal and state courts

A preliminary injunction against a tribal gaming commission, barring it from taking any action that would adversely affect the lender's contract rights

A $15 million judgment in favor of the lenders on a casino development loan

Bankruptcy Litigation

Michael represents creditors in bankruptcy court in New York, Delaware and Minnesota. Most recently, after a three-day trial in 2014, Michael won an order ousting management for fraud and appointing a chapter 11 trustee in Delaware within weeks of the petition date.

Michael was a litigator in New York before joining Faegre Baker Daniels. He was an Assistant U.S. Attorney in the Southern District of New York, a litigation associate at Gibson Dunn & Crutcher and Shearman & Sterling, and an adjunct professor at Cardozo Law School. Michael also clerked for the Hon. Eric L. Clay of the United States Court of Appeals for the Sixth Circuit.

Connect with us

Contact us

Your Full Name

Company

Email

Phone

Comments

*Your message has been successfully sent.

Disclaimer

In considering prior results, please be aware that: (i) each legal matter is
unique; (ii) prior results are not necessarily representative of all our
matters; and (iii) you should not rely on prior results to predict future
success in similar matters.